Section 102 of the Copyright Act definesthe types of works granted protection underU.S. copyright law. Copyright protection isafforded to original works of authorship thatare sufficiently fixed in a tangible medium ofexpression. Protected work must be permanent enough to beperceived, reproduced or otherwise communicated for morethan a transitory time period, either directly or with the aid ofa device such as a camera. The categories of works are literary,musical, dramatic, pictorial, graphic, sculptural and architec-tural works, motion pictures and sound recordings.

Lighting and fireworks displays, at first glance, do not fit
neatly into any of the categories above, although they are visual
and may be likened to a “pictorial work.” In addition, fireworks
and lighting displays, while flashing before our eyes, might not
seem to be “fixed” as required under the Act. Computer software,
however, is protected under the category of “literary works.” The
software scripts containing the written data regarding the timing
and release of the lighting or fireworks is sufficiently fixed and
can be likened to a copyrightable computer script. These lighting
sequences could also be likened to the choreography of a ballet,
which, if sufficiently original, is copyrightable. While we imagine

Copyright Protection and Lighting Displays

q:
a:

“Is there copyright protection for fireworks shows
or other types of lighting displays? For example,
is the nighttime lighting of the Eiffel Tower protected
by copyright?